ST. GEORGE — One of three people from Nevada who was arrested in St. George following a retail theft that resulted in the recovery of more than 100 gift cards and other evidence appeared in court for sentencing on Wednesday.
The defendant, 33-year-old Wade Ryan Perkins, appeared in 5th District Court for sentencing on two third-degree felonies, including one count each of unlawful acquisition of a financial card and possession of another’s identifying documents, as well as misdemeanor possession of a controlled substance.
During a hearing held in January, Perkins pleaded no contest to the charges, which is a plea where the defendant does not challenge the criminal charges or the punishment that follows, but they are also not admitting guilt. This plea can only be entered after it has been approved by the court.
Under the terms of the plea agreement, one misdemeanor count each of retail theft, possession of burglary tools and possession of drug paraphernalia were dismissed in exchange for the no contest plea.
The case stems from an arrest that took place on Nov. 29, 2021, that began with a call to emergency dispatch reporting a retail theft at Walmart on Pioneer Road in St. George shortly after midnight, according to charging documents filed at the time of the arrests.
Officers arrived to learn from the store’s loss prevention agents that a suspect had just left the store with a number of items that were never paid for, after security saw the man on the store’s security footage removing the theft-control tags from the merchandise before walking out of the store where he got into a vehicle and drove away.
The vehicle described by security was located less than 100 yards from the store in the parking lot of Dickey’s Barbeque Pit and inside they found Perkins and two other occupants, including the driver, 30-year-old Lloyd James Hoch and 52-year-old Melissa Jean Robinson. All three suspects hailed from Las Vegas, Nevada.
During a search of the car, officers recovered at least 100 gift cards, two debit cards and a notebook containing several lists documenting the names, dates of birth and Social Security numbers belonging to at least 75 other individuals. Officers also recovered a second book containing a list of debit card numbers in Perkins’ pocket. All three were transported to Purgatory Correctional Facility and booked into jail.
Perkins’ two co-defendants, Hoch and Robinson, both resolved their cases in January. Hoch was sentence to probation and substance abuse treatment in January, and returned to the treatment facility earlier this week, while Robinson was also sentenced in to serve time in jail and then placed on probation.
During Wednesday’s hearing, Perkins’ defense attorney, Nathan Reeve, addressed the court by saying his client has already served 39 days in jail, which sent a message to the defendant. He went on to explain that since the defendant’s release, he entered a residential treatment program and has continued to participate in outpatient treatment, has completed every assignment given to him including meeting with a therapist.
Perkins is also living at a sober living house, has a full-time job and is attending 12-step recovery meetings, Reeve said, adding his client has done so well up to this point that any additional jail time would likely be a setback for him.
“And he has so much positive momentum going right now,” Reeve said, “I would really hate to see that cut out from under him.”
The defendant also spoke during the hearing by saying this was the first time he has ever had the chance to work on himself, and despite a prior stint in prison, he said, he just skated by.
This time, however, he said he has cut off old relationships, is dealing with his issues and is happy, adding he is able to go through every situation that before would have taken him back to using, which he said is the byproduct of the work he has done on himself.
Perkins closed by saying “…things are really good and I just want to keep going forward.”
Prosecutor Rebekah Ann Gebler also addressed the court by saying she had received the positive report from the recovery program outlining Perkins’ progress, efforts she described as “commendable,” in that Perkins not only completed inpatient treatment, but also the intensive outpatient treatment.
Gebler went on to say she agreed with the defense’s position that a jail sentence would be a set back for the defendant, and since Perkins had already served a jail term following his arrest, the prosecutor said, the defendant is working on the treatment that he needs. Thus, the state was not recommending any additional jail time.
District Judge Jeffrey C. Wilcox began by addressing the defendant saying Perkins had gone to prison in Nevada before coming to Utah, where he did the same things that sent him to prison there.
“And so it’s almost like Nevada’s problem is now Utah’s problem,” the judge added.
Wilcox went on to say that during his time as a recovery court judge he learned there are times when it takes a little longer for some in the drug court program to works through their issues. He also said he has a nephew who several years in federal prison for drug-related crimes, and while the family member had no treatment whatsoever while he was behind bars, Wilcox said, he had a family that supported him.
At some point during his sentence, Wilcox said, his nephew made a decision that he never wanted to be behind bars again, and following his release, his nephew made good on the promise he made to himself and ever since his release – he has lived an “exemplary life” for the past 15-20 years.
Wilcox added that it is possible for people to change, and it appeared as though the defendant was on a path to change his life for the better.
Wilcox then placed Perkins on three years’ probation to be supervised by Adult Probation and Parole, and suspended the two sentences of 0-5 years in prison, as well as the year-long jail term on the misdemeanor.
He also sentenced Perkins to serve 240 days in jail, but said the sentence would be held in abeyance, and then he told Perkins he would not have to serve that time as long as there were no violation or issues during the defendant’s period of supervision.
“But if there’s a problem,” the judge said, “Understand 240 days in jail will be hanging over your head.”
This report is based on statements from court records, police or other responders and may not contain the full scope of findings. Persons arrested or charged are presumed innocent until found guilty in a court of law or as otherwise decided by a trier-of-fact.
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